Colorado's therapy-AI law: what your practice must have in place by August 12
If you are a Colorado mental-health professional using an AI note-taker or considering any AI tool, HB 26-1195 (C.R.S. § 12-245-224.5) sets hard rules — and the effective date is August 12, 2026. The short version: AI scribes now require a standalone written consent, clients get a written notice of the AI rules at intake, and AI may never do the talking. We prepared the exact documents, in English and Spanish.
The facts (we read the enrolled bill — citations below)
- Signed June 3, 2026; effective August 12, 2026. Applies to all DORA-regulated mental-health professionals — psychologists, LPCs, LCSWs, MFTs, addiction counselors, AND registered psychotherapists. (HB 26-1195, § 12-245-224.5)
- AI note-takers / session transcription: allowed only with advance written notice of the tool and its specific purpose, plus written, revocable consent — and a client's refusal can never be a basis to deny services. Consent is once per tool/purpose, not per session. (§ 4)
- The consent cannot live inside your general intake paperwork or terms of use — the statute's definition of consent excludes that. It needs its own form. (§ 1(c))
- You must give clients written information about the AI restrictions at the initial client contact. (§ 6(b))
- AI may never conduct therapeutic communication with a client without your synchronous, real-time participation; AI-generated treatment recommendations require your review and approval. (§ 5)
- Allowed without the consent machinery: scheduling, billing, logistics drafting, records preparation, progress analytics you review, structured questionnaires. (§ 1(a), 1(d), 2)
- Marketing rule for everyone (including software vendors): never present an AI as providing therapy, as equivalent to a licensed professional, or as having therapist-grade confidentiality. (C.R.S. § 6-1-1705.2)
The readiness kit — ready to deliver
A fixed-fee package ($595 solo / $795 group practice, delivered in 5 business days): the standalone AI-scribe consent form in English AND Spanish, the initial-contact client notice in both languages, your internal AI-use policy with the permitted/prohibited matrix, and a tool-vetting checklist — customized to the tools your practice actually uses, in a working session. Templates are readiness materials for your attorney's review, not legal advice.
Book a discovery callThe honest part
You do not need to stop using your AI scribe — the law regulates how, not whether. And if a vendor or consultant tells you this law bans AI in your practice, or sells you panic about DORA discipline, they have not read it: administrative and supplementary uses are expressly permitted with your review. What you genuinely need before August 12 is the paperwork: the consent form, the intake notice, and a policy your staff follows. That is a document problem, and document problems are cheap to fix.
General information verified against the enrolled bill at leg.colorado.gov as of July 12, 2026 — not legal advice. DORA boards may issue further guidance; confirm your situation with a Colorado-licensed attorney.
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